[WSBARP] Transfer of remainder interest.

[Bickel, Dwight]

Yes, Rebecca wisely reminds about the repayment obligation that survives the debtor's death. I testified in opposition to the creation of that DSHS statutory claim of lien on the "title of the decedent" after expiration of a life estate or joint tenancy. The concept that there is no estate or interest of the decedent that could be subjected to a lien was apparently beyond the real property education of the legislators. The Legislature acting through its Appropriations Committee concluded that the need for someone to repay the State was great enough to suspend classic real property law, whether or not the remainder interests received any value from the decedent. The only concession I got was that the lien rights could only be imposed upon life estates or joint tenancy estates created after the date of the statute [July 1, 2005].

That was not the first or last battle I lost at the Legislature.
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